Objective coverage of church-state and religious liberty developments, with extensive links to primary sources.
Saturday, September 13, 2008
Settlement Reached In Suit By Interfaith Group Feeding Homeless In California Park
Saudi Judicial Head Says Islamic Law OK's Killing of TV Broadcasters
UPDATE: The Saudi government is embarrased by Sheik al-Lihendan's remarks, according to Sunday's The National. Sheikh Abdul Mohsen al Obaikan, a popular moderate religious scholar who is an adviser at the Justice Ministry, rejected the remarks, saying that they will encourage those who are misguided and terrorists. Al-Linhendan clarified his remarks, saying that he was referring only to television broadcasts of black magic and sorcery, and that execution could take place only after a judicial process. Al-Linhendan's origional remarks were apparently made some time ago, but were featured last week on Al Arabiya satellite TV channel. UPDATE2: Thursday's International Herald Tribune reported that Arabs across the ideological spectrum are denouncing al-Linhendan's remarks, fearing that they will encourage terrorism and attacks on TV station personnel.
Suit Challenges USDA's Animal Tagging On Religious Freedom Grounds
UPDATE: On Nov. 13, the USDA filed 56-page memorandum (full text) in support of its motion to dismiss plaintiffs' claims against USDA. It argues lack of standing and compliance with rulemaking requirements. It also alleges that any burden on religious freedom was caused by co-defendant, the Michigan Department of Agriculture, not by USDA. [Thanks to Jean Dudley via Religionlaw listserv for the lead.]
Friday, September 12, 2008
10th Circuit: No Establishment Clause Violation In Las Cruces Logo
Here, the City’s name translates as "The Crosses" and, perhaps unsurprisingly, the City has opted to identify itself using a symbol that includes crosses.... We recognize that a government’s display of the Latin or Christian cross, and especially three such crosses, raises legitimate Establishment Clause concerns. Nevertheless, we affirm the district court’s decisions because Las Cruces’s unique name and history and the record in this case adequately establish according to requisite standards that the City and District's challenged symbols were not intended to endorse Christianity and do not have the effect of doing so.Today's Las Cruces Sun-News reports on the decision. (See prior related postings 1, 2.)
Pope In France Calls for New Reflection On Laicite
The Pope's visit is timed to mark the 150th anniversary of the apparitions of Mary to a 14-year old peasant girl, Bernadette Soubirous, in Lourdes. Later today, before traveling to Lourdes, Benedict XVI will speak to some 700 leading intellectuals at the College des Bernardins in Paris. America-- the National Catholic Weekly earlier this week predicted that this would be "one of the great speeches of his pontificate."Many people, here in France as elsewhere, have reflected on the relations between Church and State. Indeed, Christ had already offered the basic criterion upon which a just solution to the problem of relations between the political sphere and the religious sphere could be found. He does this when, in answer to a question, he said: "Render to Caesar the things that are Caesar’s, and to God the things that are God’s" (Mk 12:17).
The Church in France currently benefits from a "regime of freedom". Past suspicion has been gradually transformed into a serene and positive dialogue that continues to grow stronger.... You yourself, Mr President, have used the expression "laïcité positive" to characterize this more open understanding.
At this moment in history when cultures continue to cross paths more frequently, I am firmly convinced that a new reflection on the true meaning and importance of laïcité is now necessary. In fact, it is fundamental, on the one hand, to insist on the distinction between the political realm and that of religion in order to preserve both the religious freedom of citizens and the responsibility of the State towards them; and, on the other hand, to become more aware of the irreplaceable role of religion for the formation of consciences and the contribution which it can bring to—among other things—the creation of a basic ethical consensus within society.
UPDATE: Zenit on Friday reported on President Nicolas Sarkozy's remarks at the welcoming program for the Pope. Sarkozy said: "It would be crazy to deprive ourselves of religion; [it would be] a failing against culture and against thought. For this reason, I am calling for a positive secularity..." Saturday's Financial Times reports that Julien Dray, a Socialist party spokesman, criticized Sarkozy for not keeping religion a private matter.
Japan's High Court Says Pet Funeral Fees Are Taxable Income To Buddhist Temples
Good News Club Sues Minnesota School District
Faith-Based Treatment Group Wins $968K In Suit Over Zoning Denial
Italian Prosecutors Charge Satirist With Offending the Pope
Thursday, September 11, 2008
Conviction of Abortion Protester For Violating Noise Ordinance Upheld
9th Circuit Amplifes Holding On Membership Requirements Of Christian Student Group
Washington Governor Candidates Speak Out On Religious and Social Issues
Gregoire also said she supports stem-cell research (including embryonic stem cell research). She supports gay couples having the rights and responsibilities of married couples, but would leave the formal issue of marriage to churches. Gregoire personally opposes assisted suicide, but will respect the outcome of a November initiative on the issue. She favors requiring pharmacies to fill prescriptions for Plan B contraceptives, but would allow one pharmacist to pass off the prescription to another pharmacist at the same location. Finally Gregoire favors retaining the death penalty.
Republican challenger Dino Rossi, also a Catholic, attempted to avoid a direct answer on his abortion views, but ultimately said he would support an abortion ban with exceptions for rape, incest and protecting the life of the mother. He said he supports defining marriage as between one man and one woman, but that gay couples should have various rights. Rossi is supportive of adult stem-cell research, but not research with embryonic stem cells. Rossi says he does not support assisted suicide, and would limit the death penalty to the most vicious of murders. Finally Rossi opposes requiring pharmacists to fill prescriptions for Plan B contraceptives.
UN Rapporteur Focuses On Religious Freedom In Turkmenistan
County Approves Facility For Eid-al-Adha Slaughter
Experts Discuss Impact of Religion On Jurisprudence of High Court Justices
Minnesota Officials Uncertain About Muslim Charter School
Wednesday, September 10, 2008
State Court Says RLUIPA Permits Church To Build
Property of Break-Away Presbyterian Church Belongs To Parent Body
Court Upholds Teacher's Classroom Banners With Religious-Patriotic Messages
Applying mainly cases involving student speech rights, the court held that, based on allegations in the complaint, the school district had created a limited public forum in which teachers could exercise free speech in their classrooms. The school engaged in viewpoint discrimination since it had permitted other teachers to post Buddhist messages, Islamic messages and a Tibetan prayer flag on their classroom walls. This favoritism of some religious messages over others was also seen by the court as an Establishment Clause violation.
Rejecting the school's argument that it was concerned about future Establishment Clause litigation because of Johnson's banners, the court said: "That God places prominently in our Nation’s history does not create an Establishment Clause problem requiring curettage and disinfectant of Johnson’s classroom walls." The court concluded:
Public schools play an important role educating and guiding our youth through the marketplace of ideas and instilling national values. One method used by the Poway Unified School District to accomplish this task is to permit students to be exposed to the rich diversity of backgrounds and opinions held by high school faculty. In this way, the school district goes beyond the cramped view of selecting curriculum and hiring teacher speech to simply deliver the approved content of scholastic orthodoxy.... By squelching only Johnson’s patriotic expression, the school district does a disservice to the students of Westview High School and the federal and state constitutions do not permit such one-sided censorship.Today's San Diego Union Tribune reports on the decision, noting that the Poway school district has been involved in other free speech litigation as well. (See prior posting.) Thomas More Law Center which represented Johnson also issued a release on the decision.